Disadvantages of precedent A03

Question 1

What are the 4 WDPs for disadvantages of precedent

Answer 1

-Judges may impose their own moral standards
-Slowness of growth
-Illogical distinction and certainty
-Rigid/can become unreliable

Question 1

-P1: judges own prejudice may influence their decision

Answer 1

problematic & undemocratic as judges are unelected

Question 2

-DP1: R v Brown and Gillick v WNHA

Answer 2

examples of judges own morals & religion dictating the outcome - unfair on dfs

Question 3

+WDP1: Utilise their experience and knowledge

Answer 3

fewer issues with statutory interpretation → fewer appeals

Question 4

-P2: slowness of growth, lack of responsiveness

Answer 4

relies on areas that need reform arising in legal cases = low chances

Question 5

-DP2: law relies too heavily on chance (case)

Answer 5

R v R, only reached CoA by chance if it did not marital rape being criminalised wouldn’t have occurred at this time = problematic

Question 6

+WDP2: law can evolve with societal change with….

Answer 6

original precedent and overruling previous outdated decisions = protects the public

Question 7

-P3: judges making illogical distinctions to avoid precedent

Answer 7

defeats the purpose of binding precedent

Question 8

-DP3: judges can make illogical distinctions to avoid precedent (case)

Answer 8

R v Wilson distinguishing from R v Brown = uncertainty

Question 9

+WDP3: allows the law to progress

Answer 9

fairness and justice

Question 10

-P4: rigid and unreliable when lower courts…

Answer 10

are bound to an undesirable decision of a superior court

Question 11

-DP4: limits judicial flexibility

Answer 11

unfair outcomes for dfs undermining public confidence in the legal system

Question 12

+WDP4: stare decisis and ratio decidendi creates..

Answer 12

certainty, predictability creating consistency in the law